Preview
FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------X RESPONSE TO
GLORIA DEL CARMEN CABRERA, DEFENDANT,
PETSTA, LLC's, NOTICE
Plaintiff, FOR DISCOVERY AND
-against- DATED
INSPECTION,
JUNE 15, 2022
P.ETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC., Index No. 611420/2021
Defendants.
__________ ______________ ________________________________________Ç
PLEASE TAKE NOTICE that Defendant, OFFICE SUPERSTORE EAST, INC., i/s/h/a
STAPLES, INC. ("Responding Defendant"), by Pillinger Miller Tarallo, LLP, complying with
the Notice of Discovery and Inspection of Defendant, PETSTA, LLC, hereby sets forth the
following:
1. Upon information and belief, Responding Defendant hired
DENTCO and ABCO Maintenance to perform work on the
subject parking lot in the two years proceeding Plaintiff's
alleged incident;
"A,"
2. Attached hereto as Exhibit see all Work Orders
regarding parking lot repairs initiated by Responding
Defendant in the two years prior to Plaintiff's alleged
incident; and,
"B,"
3. Attached hereto as Exhibit see all applicable
Maintenance Contracts.
The Responding Defendant reserves the right to supplement the above Response, if and when
additional information become available.
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
Dated: Elmsford, New York
February 22, 2023 Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By:
JACKLYN M. MACIAS, ESQ.
Attorneys for Defendant
OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
56¹
555 Taxter Road, Floor
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
TO:
John V. Barbieri, Esq.
LITCHFIELD CAVO, LLP
Attorneys for Defendant
PETSTA, LLC
420 Lexington Avenue
Suite 2104
New York, New York 10170
Email: Barbieri@litchfieldcavo.com
Our File No.: 9074-8081
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"A"
EXHIBIT
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Account Information Property Information
Department Work Type Category Property Phone Property Number
Facilities BIdg. Exterior/Structure 516-739-6903 00248
Bypass DM Approval Work Type
Property State Opened By
Parking Lot Repairs
Rumrill, Randy
Cause of Loss (Insurance) CAR #
Division Region District Property
1 102 25 Number
CAR Replacement 00248
CAR Description
Senior VP Regional VP District
eancenec,s Manager
Asset Classification Depreciation
chae
mangialino,
Paul;
Work Order Information
Property Location
Work Order Type Vendor
GPS/Map
Manual ABCO Maintenance;
Vendor
Virga,Tom;
Contact Landlord
e UPS Sme
Other Vendor Info Vendor Email
Jim Virga X18 newwo@abcofacilitymaint
enance.com
Vendor Phone After Hours Phone
(718)816-6444
Response Code Original ETA Date
LA
3 - Third Day 4/5/2021
DNE Amount
$0
Is this a dark property? Select tenant of the dark
No property
DM
R
Godgle
40.741024, -73.661647
2310 Jericho Trnpike
Garden City Park, NY 11040
United States
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Tenant Information
Tenant Company Tenant Contact Tenant Email Tenant Phone
Coordinator Updates
Revised Response Code
Issue Notes Instructions
Issue Text Special Instruction Title
Request Description Special Instruction
4/20 Please advise regarding the QT.
Need a QT to repair a 650sq ft area in the
parking lot that has failed creating a pothole of
concern.
Please QT
Vendor Update Details
Revised DNE Amount
$5,410.88
Vendor Information
Adjusted ETA Date
5/27/2021
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Vendor Notes
5127 Tech onsite
5/26 Tech onsite
4/30 Update - tech will return to complete in approx 2 weeks on weather - will update if
depending
changes - spoke to MOD and updated him &he said that is fine
anything Billy
4/7 Tech onsite
ETA 4/7
QUOTE
Scope: Techs will repair pothole and level, installing asphalt 386 sft to finish.
Travel $63.25
Labor: 3 men 8 hours at $63.25 = $1518
Materials:
Asphalt = $1250
Equipment = $1250
Paving
= $500
Trucking
Debris = $400
net 4981.25
tax 429.63
Status Information
Approval Status Status Date
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Work Order Closed By Work Order Closed Date
Virga, Tom 5/27/2021
District Manager Regional VP
mangialino,Paul; Bucenec,Sean;
Additional Information
Invoice to CA Invoice to CA Date
Email to CA Email to CA Date
Admin Data
Account Code Quote Total ServiceNow Property ID PM Schedule Name
845-360Par 5410.880000000000000 248
P s Vendor Actions
Opened By Employee ID Opened For Employee ID O
Coordinator, Facilities 1815509
Management
Ticket Information Assignment Information
ServiceNow Ticket Number Property Type
Retail
Property Name
ServiceNow Creation Date Urgency
GARDEN CITY PARK
3-Normal
Coordinator Assigned
Help Desk
FAC Rumrill,Randy;
Temporary Coordinator
Assignment Group
Facilities Mgmt - US
Link to Property Record
Opened For
William Dechairo
Store Information
Is this a Top 50 Store? The fourth notification will be used later
No No
Is this a Bottom 100 store? The fifth notification will be used later
No No
Is this a Franchise Lite Store? Condominium Association Property?
No
Studio / Co-Working
False
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a .
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NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
Subject: IVR TIME IN 5:03PM
Message/Comment:
TECHS ONSITE
Subject: IVR TECHS OUT 9:03PM
Message/Comment:
TECHS OFFSITE
Subject: Ivr techs onsite 5:44am
Message/Comment:
techs onsite
Subject: IVR TIME OUT 10:38AM
Message/Comment:
TECHS OFFSITE
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
*
Status: 2 - Waiting for Approval Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 3/31/2021 Dentco WO #: 349522 Remit Authorization to:
Cust. Tracking #: Customer WO #: WO-00248-0413139 Ashley Bernheisel
Type: Customer Generated abernheisel@dentco.com
Customer Info Site Info
Customer: Staples Customer Site #: 0248
Address: 500 Staples Blvd, Framingham, MA 01702 Dentco Geoloc: NY0248STPL
Phone: Fax: Site Address: 2310 Jericho Turnpike, Garden City
Submitted To: StapleslQ Park, NY 11040
Requestor: StapleslQ Web Progra Web Pro
Submitted: 3/31/2021 Valid Until: 4/2/2021 Contact: Jack Vahey
Special Notes: PER IQ REQUEST - This Work Order is to repair (1) large pathole. Contractor will repair failed areas,
estimated at (650) square feet, in the parking lot by using hot asphalt. Perimeters of the deteriorated
asphalt will be saw cut, and debris will be removed.
"Please send a crew to address large pot hole that needs to be filled. Please be sure and provide
done."
completion photos when work is
1 Approval Requested For: Pot Hole Repairs
Scope of Contractor Partner will repair failed areas, estimated at (650) square feet, in the parking lot by using hot
Work: asphalt. Perimeters of the deteriorated asphalt will be saw cut, and debris will be removed. Heat and/or air shall
be used in drying out the hole in order to decrease any moisture that may affect asphalt adhesion. Tack coat
primer will be applied to all edges to insure proper binding of old and new pavement. Asphalt will be installed
at a depth of 2 inches, compacted, and rolled.
* are expected to know the local code ordinances and permit requirements prior to
Contractor Partners
submitting estimates or completing a Dentco approved work order. Failure to comply will result in the
Contractor Partner paying all fines, permits, and costs incurred to correct the violation.
* hours and disposal.
Labor cost will include the following (if applicable): equipment fees, crew/man
* in the work order.
The cost includes (1) mobilization unless otherwise specified
*
Time shall be set with the site manager for work to begin and end while being the least inconvenience to the
store and hours of operation.
*
Cones, signage, and tape will be used to mark off areas being repaired.
* notice to store personnel of tentative service date, weather
Contractor Partner to give 24 hours advance
permitting. Store will then be responsible for coordinating nighttime lighting, vehicle free lot and temporary
irrigation shut off.
* will be barricaded until ready for traffic.
For protection, areas during installation
*
The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected
pavement surfaces unless adequate provisions are made to prevent spillage of the material. Contractor Partner
shall be responsible for any complete cleanup resulting from any inadvertent spillage. Such cleanup shall be
performed to Customer's reasonable satisfaction.
* from its marking
Contractor Partner shall be responsible for any damage to vehicles or property resulting
operations.
* mix. After this date, the work order
This price is only guaranteed for 15 days due to volatile nature of asphalt
will be closed out or re-evaluated.
Printed: 4/1/2021 Page 1 of 2
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, Mi 48820
Status: 2 - Waiting for Approval *
Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 3/31/2021 Dentco WO #: 349522 Remit Authorization to:
Cust. Tracking #: Customer WO #: WO-00248-0413139 Ashley Bemheisel
Type: Customer Generated abernheisel@dentco.com
Item Description Size Unit of Measure QTY Customer Price
Asphalt NA Per Sq. Ft. 650 $5,688.00
Tar NA Per Sq. Ft. 650 $228.00
Tax Rate 8.625% NA NA $675.25
Initial for Approval: Attach PO#: Sub-Total Price: $8,504.25
> All work will be carried out in accordance with industry standards, practices, state regulations, federal regulations and local ordinances.
> All related debris will be disposed of off site according to EPA guidelines.
> For protection, areas shall be flagged and/or barricaded until they are ready for traffic.
> It is the sole responsibility of the contractor to obtain all business permits and licenses.
Customer Authorization:
Signature: Authorized Date:
These documents and all attachments, exhibits, and amendments related thereto (collectively, the "Documents") are the sole and exclusive
property of Dent Enterprises, Inc. ("Dent") The documents may not be reproduced or duplicated by any means and all documents must be
immediately retumed to Dent Enterprises, Inc. upon the earlier of:
1)Conclusion of the analysis and/or investigation.
2)Dent Enterprises, Inc.'s written or verbal notice.
Printed: 4/1/2021 Page 2 of 2
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
Status: CE - WFA *
Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to:
Cust. Tracking #: Customer WO #: Ashley Bemheisel
Type: Customer Generated abernheisel@dentco.com
Customer Info Site Info
Customer: Staples Customer Site #: 0248
Address: 500 Staples Blvd, Framingham, MA 01702 Dentco Geoloc: NY0248STPL
Phone: Fax: Site Address: 2310 Jericho Turnpike, Garden City
Requestor: Staples Facilities Submitted To: Staples Facilities Park, NY 11040
Submitted: 4/16/2021 Valid Until: 5/14/2021 Contact: Jack Vahey
Special Notes: 2021 Staples Parking Lot Project
This work order is to crack seal the parking lot, estimated at (2,385) linear feet, seal coat the parking lot,
estimated at (31,291) square feet, with (1) coat sealer, re-stripe the parking lot per the existing layout.
1 Approval Requested For: Parking Lot Maintenance
Scope of Contractor Partner will clean the parking lot prior to crack fill, seal coating and striping. A mechanical power
Work: sweeper, blowers, and/or pressure washers will be used for all paved areas, including all driveways, entrances,
exits, and service ways. No services shall be performed over dirt and clay.
Contractor Partner will crack seal the parking lot, estimated at (2,385) linear feet. Before beginning work,
Contractor Partner will ensure that cracks are free from moisture, dust, and loose aggregate. AII vegetation
shall be removed to a minimum depth of 1/2 inch. Proper surface preparation will facilitate adequate adhesion
and consequently the maximum service life of the hot rubberized crack sealant to be applied. Cracks will be air
blown by using a compressed air heat lance immediately prior to sealing.
Contractor Partner will seal coat the parking lot, estimated at (31,291) square feet, with (1) coat sealer. Prior to
application, oil spots will be treated by brushing away any loose material and cleaning affected areas using a
steel broom. Heavier oil spots should be treated by burning and/or washing with detergent.
Contractor Partner will re-stripe the parking lot per the existing layout for standard spaces, cross hatching,
stop bars, arrows, letters, directional lines, fire lanes, and curb lines. Handicap spaces and/or handicap van
accessible spaces shall be striped according to ADA federal guidelines. Striping will consist of using (1) coat
of contractor grade primer (if applicable) with acrylic, alkyd, or chlorinated rubber striping. Pavement markings
will be applied when pavement and atmospheric temperatures are 50 degrees F or above (or per
manufacturer's specification) and are anticipated to remain above 50 degrees F for 4 hours after completing the
application.
*
Contractor Partners are expected to know the local code ordinances and permit requirements prior to
submitting estimates or completing a Dentco approved work order. Failure to comply will result in the
Contractor Partner paying all fines, permits, and costs incurred to correct the violation.
*
Labor cost will include the following (if applicable): equipment fees, crew/man hours and disposal.
*
The cost includes (2) mobilization unless otherwise specified in the work order.
*
Time shall be set with the site manager for work to begin and end while being the least inconvenience to the
store and hours of operation.
*
Cones, signage, and tape will be used to mark off areas being repaired.
*
Contractor Partner to give 24 hours advance notice to store personnel of tentative service date, weather
permitting. Store will then be responsible for coordinating nighttime lighting, vehicle free lot and temporary
irrigation shut off.
*
For protection, areas during installation will be barricaded until ready for traffic.
*
The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected
Printed: 4/1612021 Page l of 5
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
Status: CE - WFA Ph: 517.668.9488 * Fax: 866.317.1403
Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to:
Cust. Tracking #: Customer WO #: Ashley Bernheisel
Type: Customer Generated abernheisel@dentco.com
pavement surfaces unless adequate provisions are made to prevent spillage of the material. Contractor Partner
shall be responsible for any complete cleanup resulting from any inadvertent spillage. Such cleanup shall be
performed to Customer's reasonable satisfaction.
*
Contractor Partner shall be responsible for any damage to vehicles or property resulting from its marking
operations.
*
This price is only guaranteed for 15 days due to volatile nature of asphalt mix. After this date, the work order
will be closed out or re-evaluated.
Item Description Size Unit of Measure QTY Customer Price
Crack Sealing NA Per Linear Ft. 2385 $3,132.00
Seal Coating NA Per Sq. Ft. 31291 $6,756.00
Striping NA EA 1 $1,886.00
2nd Mobilization NA EA 1 $1,205.00
Tax Rate 8.625% NA $1,119.44
Initial for Approval: Attach PO#: Sub-Total Price: $14,098.44
> All work will be carried out in accordance with industry standards, practices, state regulations, federal regulations and local ordinances.
> All related debris will be disposed of off site according to EPA guidelines.
> For protection, areas shall be flagged and/or barricaded until they are ready for traffic.
> It is the sole responsibility of the contractor to obtain all business permits and licenses.
Customer Authorization:
Signature: Authorized Date:
Printed: 4/16/2021 Page 2 of 5
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
Status: CE - WFA *
Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to:
Cust. Tracking #: Customer WO #: Ashley Bernheisel
Type: Customer Generated abernheisel@dentco.com
DENTCOWO #: 345130 Picture Taken Before WO 4048
DENTCOWO #: 345130 Picture Taken Before WO 4049
Printed: 4/16/2021 Page 3 of 5
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order
DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
Status: - WFA *
CE Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to:
Cust. Tracking #: Customer WO #: Ashley Bernheisel
Type: Customer Generated abernheisel@dentco.com
DENTCOWO #; 345130 Picture Taken Before WO 4050
DENTCOWO #: 345130 Picture Taken Before WO 4051
Printed: 4/16/2021 Page 4 of 5
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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023
®
Work Order DENTCO
1161 East Clark Road, Suites 124 -128
Customer Copy
DeWitt, MI 48820
Status: - WFA *
CE Ph: 517.668.9488 Fax: 866.317.1403
Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization